VERN COLDIRON, DEFENDANT'S WITNESS
DIRECT EXAMINATION BY MR. SMITH
(P71,L22-25,P72,L1-25,P73,excerpts L1-25,P74,L1-11,P75,L6)

SMITH: "Call Vern Coldiron."

SMITH: "Mr. Coldiron, please state your full name for the record."

COLDIRON: "Vern Coldiron."

SMITH: "And where do you reside, please?"

COLDIRON: "Gilmer, Texas."

SMITH: "And how long have you known Al Petty?"

COLDIRON: "Thirty-three years."

SMITH: "You understand the proceedings here today?"

COLDIRON: "Yes, sir."

SMITH: "And is there something you would like to address the Court in regard to Mr. Petty?"

COLDIRON: "Yes, sir.  I met Al in 1970.  I went on the road with him with his musical group.  HE'S ALWAYS BEEN AN EXTREMIST.  HE WOULD PUSH EVERYTHING TO THE LIMIT AT FIRST, AND THAT WAS A GOOD THING BECAUSE IT PUSHED EVERYBODY AROUND HIM.

The first six months on the road we worked four hours a day, seven - - six hours a night and we worked six months without a day off.

We were on a salary, and the man of his word, he always - - HE WOULD GO TO THE BANK IF THE JOB MIGHT FALL THROUGH EVERY NOW AND THEN AND BORROW THE MONEY TO PAY OUR SALARIES AND TWO TEN DAY PAID VACATIONS A YEAR.

COMMENT: Note that, "PAYING HIS EMPLOYEES UNPRECEDENTED WAGES AND EARNINGS" was something Al Petty had done for 40 years BEFORE the government attempted to use his ingenuity and generosity against him in TeleCom2000!

HE'S NEVER WENT BACK ON HIS WORD.  HE'S - - EVERYBODY AROUND HIM ALWAYS MADE MORE MONEY THAN THEY HAD EVER HAD. . . THE CLUB OWNER WOULD MAKE MORE MONEY THAN HE HAD EVER MADE.  And all his musicians always made more than they had ever made.

COMMENT: THIS CHARACTERISTIC OF AL PETTY'S WAS ONE OF MANY THINGS HE WAS KNOWN THROUGHOUT THE MUSIC INDUSTRY FOR SINCE HIS TEENS.  AL PETTY WORKED OUT EFFICIENCY SYSTEMS AND SHARED THE PROFITS WITH HIS ASSOCIATES.  THIS PRINCIPLE DID NOT SIMPLY EMERGE WITH TELECOM2000.  THE GOVERNMENT CONSTANTLY CRITICIZED AL PETTY FOR HIS GENEROSITY WITH HIS EMPLOYEES AND BUSINESS OWNERS.  THIS WAS SIMPLY AL PETTY, AS HE HAS ALWAYS BEEN!

COLDIRON cont.: . . he would read books, self-help books, religious books, self-improvement books, while we all traveled and worked on the road.

. . he's always did what he said he was going to do.  HE WAS A STICKLER ABOUT RULES, THE LAW AND HIS BAND RULES.  If you weren't there 15 minutes before time to play, you paid a dollar fine.  And he paid most of the fines because he was so busy.

COMMENT: NOT "APPEARING" TO BE BUSY, AS CUNNINGHAM LIED!

COLDIRON cont.: . . if you weren't at the T.V. station to set up, you paid a fine. And half the time he would pay all the fines and we'd all go out to eat and HE NEVER WOULD ASK YOU TO DO ANYTHING THAT HE WOULDN'T DO HIMSELF.

. . I can think of several instances.  I CAN GO ON FOR AN HOUR, BUT THE BOTTOM LINE IS HE'S A GENIUS.  One example, BOWLING IN MONTANA, he got on to that and HE WOULDN'T TAKE UP NOTHING BUT WHAT HE DIDN'T PUSH IT TO THE EXTREME.  HE BOWLED 26, 28 GAMES A DAY FOR SEVERAL WEEKS.  Averaged about 238.

ANYTHING HE TRIED TO DO, HE SET OUT TO DO, IT WAS TUNNEL VISION until he done it THE BEST THAT IT COULD EVER POSSIBLY BE DONE.

COMMENT: AND, WHEREAS THAT "FOCUS" SERVED HIM WELL, AND ENHANCED THE LIVES OF EVERYONE WITH WHOM HE WAS ASSOCIATED.  THAT SAME "CRITERIA OF EXCELLENCE" ENABLED HIM TO OFFER "HERETOFORE UNHEARD OF" SAVINGS AND EARNINGS TO THE WORLD, WHICH CAUSED AN "IN THE BOX" GOVERNMENT TO MISUNDERSTAND, CONDEMN AND INCARCERATE HIM.  COLDIRON OFTEN STATED THAT "AL PETTY WAS THE MOST MISUNDERSTOOD PERSON IN THE WORLD".

COLDIRON cont.: He was my father-in-law for six years and a gentleman there. Never got into our spats and our situations, and we both worked in the band during that time.

AND JUST MY MUSICAL MENTOR.  HE ALWAYS DID WHAT HE SAID.  HE ALWAYS OBEYED THE RULES.  AND I GUESS THAT'S IT."

SMITH: "Pass the witness."

KENNER: "Thank you, Your Honor, briefly."

HANNAH: "You may step down.  Thank you."

*****

COMMENT: The previous witness, VERN COLDIRON worked for, and with, AL PETTY for the major portion of 34 years.  If JOHN R. SMITH had prepared properly - and he had 6 months to prepare between the trial and the sentencing hearing - he would have conducted this character witness in a way that, certainly along with the other witnesses, could have greatly reduced AL PETTY'S sentence - or even exonerated AL PETTY by influencing the Judge to allow AL PETTY to remain free to work on his appeal - while his appeal was pending.  Once Again, this HYPOTHETICAL of testimony by VERN COLDIRON is not the way it was, but it is "THE WAY IT SHOULD HAVE BEEN".

HYPOTHETICAL TESTIMONY BY VERN COLDIRON

SMITH: "WOULD YOU STATE YOUR FULL NAME PLEASE?"

COLDIRON: "VERN COLDIRON.  THAT'S SPELLED C-O-L-D-I-R-O-N, COLDIRON."

SMITH: "AND WHAT IS YOUR AGE"?

COLDIRON: "I'M 55 YEARS OLD."

SMITH: "AND WHERE ARE YOU FROM?"

COLDIRON: "I'M FROM A LITTLE TOWN IN LOWER NEW YORK.  AL HIRED ME FROM NASHVILLE AND I'VE BEEN LIVING HERE AROUND LONGVIEW FOR ABOUT 20 YEARS."

SMITH: "WHAT DO YOU DO FOR A LIVING"?

COLDIRON: "I'M FIRST OF ALL, A MUSICIAN.  I'M ALSO A SALES MANAGER FOR A BURGLAR ALARM COMPANY AND I WAS WORKING ON A PRETTY BIG MUSICAL PROJECT FOR AL UNTIL THE GOVERNMENT TOOK HIS MONEY."

SMITH: "DO YOU KNOW WHY YOU'RE HERE TODAY?"

COLDIRON: "TO TESTIFY FOR MY FRIEND, AL PETTY!"

SMITH: "HAVE YOU EVER BEEN A 'CHARACTER WITNESS' BEFORE?"

COLDIRON: "NO SIR."

SMITH: "WOULD YOU LIKE FOR ME TO EXPLAIN TO YOU JUST HOW IMPORTANT YOUR TESTIMONY COULD BE?"

COLDIRON: "YES SIR. I'D APPRECIATE THAT."

SMITH: "FIRST, LET ME SAY THAT THE PURPOSE OF AL'S TRIAL WAS TO DETERMINE WHETHER HE WAS INNOCENT OR GUILTY OF THE CHARGES THAT THE GOVERNMENT BROUGHT AGAINST HIM.  YOU ARE AWARE THAT THE JURY FOUND HIM GUILTY, RIGHT?"

COLDIRON: "YES, BUT I HAVE TO SAY THAT I WORKED FOR, AND WITH AL PETTY FOR OVER 30 YEARS.  MUCH OF THAT TIME I WAS WITH HIM DAY AND NIGHT.  I BELIEVE, AND I'VE OFTEN SAID, THAT - 'AL PETTY IS THE MOST MISUNDERSTOOD PERSON I'VE EVER MET'.  AND I BELIEVE THAT THE GOVERNMENT ALSO TOTALLY MISUNDERSTOOD AL PETTY.  AT LEAST I HOPE THAT'S WHY THEY CONVICTED HIM.  BUT I CAN TELL YOU RIGHT OFF THAT THE AL PETTY I'VE KNOWN, AND BEEN CLOSE TO, FOR OVER 30 YEARS, HAS NEVER HURT, LIED TO, OR DECEIVED ANYONE!  AL PETTY HAS HELPED EVERY PERSON WHO HAS BEEN ASSOCIATED WITH HIM!  I DO NOT BELIEVE HE WAS GUILTY!  I BELIEVE - JUST LIKE MANY, MANY, PERSONS I'VE KNOWN DID TO AL - THAT THE GOVERNMENT DIDN'T TAKE THE TIME TO UNDERSTAND WHO AL PETTY REALLY WAS - HE SURE IS NOT LIKE ANYONE THEY'VE EVER KNOWN - AND THEY MISUNDERSTOOD HIM!"

KENNER: "OBJECTION, YOUR HONOR.  THE WITNESS IS NON-RESPONSIVE.  HE'S NOT ANSWERING THE QUESTION.  WE'RE NOT HERE TO RE-TRY MR. PETTY'S CASE!"

HANNAH: "MR. COLDIRON, IT SEEMS LIKE YOU KIND OF GOT CARRIED AWAY.  YOU NEED TO ANSWER EACH QUESTION MORE BRIEFLY.  MR. SMITH WILL ASK YOU THE QUESTIONS IN THE ORDER THAT HE NEEDS YOU TO ANSWER THEM.  OBJECTION SUSTAINED."

COLDIRON: "I'M SORRY, YOUR HONOR, AND MR. SMITH.  I DID GET A LITTLE CARRIED AWAY I GUESS."

SMITH: "YOU WANTED ME TO EXPLAIN TO YOU WHAT THE PURPOSE OF THIS SENTENCING HEARING IS, AND WHY YOU'RE HERE.  MS. KENNER IS RIGHT.  I CAN UNDERSTAND YOUR ZEAL FOR YOUR FRIEND, AL PETTY, BUT HE HAS BEEN CONVICTED AND WE ARE NOT HERE TO 'RE-TRY THE CASE'.  THERE'S NOTHING WE CAN DO HERE TODAY TO CHANGE THE JURY'S DECISION.  BUT THE REASON YOU'RE HERE TODAY IS TO HELP ME GET HIS SENTENCE AS LOW AS POSSIBLE, AND TO HELP ME SHOW THE JUDGE THAT MY CLIENT IS NOT A 'MENACE, OR A THREAT, TO SOCIETY' OR A 'FLIGHT-RISK'.  THAT MEANS THAT HE IS NOT GOING TO 'RUN-OFF' IF THE JUDGE ALLOWS HIM TO REMAIN FREE TO WORK WITH AN APPELLATE ATTORNEY ON HIS APPEAL.  SO, WHAT YOU HAVE TO SAY HERE TODAY IS VERY IMPORTANT BECAUSE IF AL PETTY WINS HIS APPEAL, HE COULD BE EXONERATED AND NEVER HAVE TO GO TO PRISON.

SO, WHAT HAPPENS HERE TODAY WILL AFFECT THE LENGTH OF MR. PETTY'S SENTENCE, AT LEAST, AND, IN A REAL SENSE, IF HE IS ABLE TO REMAIN FREE AND WORK ON HIS APPEAL, AND IF HE WINS IT, HE COULD BE RE-TRIED, OR EVEN EXONERATED FROM ALL CHARGES! SO, IN A VERY REAL WAY, WHAT YOU SAY HERE TODAY COULD AT LEAST ENABLE AL PETTY TO 'RE-TRY THE CASE' LATER.  NOW, TO MAKE SURE YOU UNDERSTAND WHAT I SAID, LET ME SUMMARIZE THIS, BECAUSE TODAY IS AN IMPORTANT DAY IN AL PETTY'S LIFE.

AL PETTY WAS OFFERED A CHANCE TO PLEAD GUILTY, THAT'S CALLED A 'PLEA BARGAIN'.  AL PETTY TOLD HIS ATTORNEYS THAT HE 'WOULD RATHER TELL THE TRUTH AND GO TO TRIAL, AND TAKE HIS CHANCES ON GOING TO PRISON FOR LIFE, THAN TO TELL A LIE BY SAYING HE WAS GUILTY, AND SPEND ETERNITY IN HELL FOR LYING'.  DOES THAT SOUND LIKE 'THE AL PETTY YOU KNOW'?"

COLDIRON: "YES SIR, THAT'S EXACTLY HOW HE'S ALWAYS BEEN.  HE DOESN'T COMPROMISE THE TRUTH AND HE SIMPLY WILL NOT TELL A LIE.  HE ALWAYS TOLD US THAT WE SHOULD LIVE IN SUCH A WAY THAT WE NEVER WOULD BE EVEN TEMPTED TO LIE."

SMITH: "THEN, AFTER HE TURNED DOWN THE 'PLEA BARGAIN', HE WENT TO TRIAL.  NOW, THE REASON FOR THE TRIAL WAS FOR BOTH SIDES TO PRESENT ENOUGH TESTIMONY AND EVIDENCE TO ENABLE THE JURY TO DETERMINE - BEYOND A REASONABLE DOUBT - WHETHER AL PETTY WAS GUILTY OR INNOCENT OF THE CHARGES.  WELL, THE JURY FOUND HIM GUILTY.  AM I CLEAR SO FAR?"

COLDIRON: "YES SIR, I DON'T THINK HE'S GUILTY, BUT THAT IS WHAT HAPPENED!"

SMITH: "WELL, I DON'T THINK HE'S GUILTY EITHER.  BUT WE CAN'T CHANGE THE VERDICT TODAY.  HOWEVER, THIS SENTENCING HEARING TODAY DOES GIVE US AN OPPORTUNITY TO - IN THE LONG RUN - STILL CHANGE THAT GUILTY VERDICT 'TO' INNOCENT.  OR, AT LEAST WE HAVE THE OPPORTUNITY TODAY TO SHOW THE COURT THAT AL PETTY IS NOT A 'MENACE TO SOCIETY'; AND THAT, EVEN IF HIS GUILTY VERDICT IS NOT OVERTURNED ON APPEAL, THE JUDGE WILL SENTENCE HIM BASED ONLY ON THE SENTENCING GUIDELINES FOR HIS GUILTY VERDICT.  IN OTHER WORDS IF THE COURT FINDS THAT HE IS NOT A 'THREAT TO SOCIETY', THERE WILL BE NO REASON TO INCARCERATE HIM FOR LONGER THAN THE 'PUNISHMENT FOR THE CRIME' CALLS FOR.

I SAID THAT TO SAY THIS; I'LL APPRECIATE ANY HELP YOU CAN GIVE ME TODAY THAT COULD HELP ME PROVE TO THE COURT THAT MY CLIENT HAS NEVER BEEN, OR WILL EVER BE, A THREAT TO SOCIETY.  YOUR TESTIMONY COULD ENABLE YOU AND MR. PETTY TO BE WORKING TOGETHER AGAIN SOONER.  NOW, YOU MENTIONED THAT YOU THOUGHT THAT AL PETTY WAS THE 'MOST MISUNDERSTOOD MAN YOU'VE EVER KNOWN'.  CAN YOU EXPLAIN TO US - WHAT YOU MEAN BY THAT?"

COLDIRON: "I GUESS YOU COULD SAY THAT HE THINKS DIFFERENT, AND WORKS HARDER THAN ANYONE ELSE.  I AGREE WITH WHAT AL PERKINS SAID EARLIER; THAT SOMETIMES WHEN A PERSON ACCOMPLISHES MORE THAN IS NORMAL, A LOT OF PEOPLE MISUNDERSTAND HIM.  THEN, INSTEAD OF TRYING TO UNDERSTAND HOW, AND WHY, HE IS ABLE TO DO THINGS THAT MAYBE NO ONE ELSE HAS DONE, THEY JUST GET JEALOUS OF HIM.  I HAVE SEEN THIS JEALOUSY AND RESENTMENT OF AL MANY TIMES - EVEN TO THE POINT OF ALMOST COSTING HIM HIS LIFE."

SMITH: "CAN YOU GIVE US AN EXAMPLE?"

COLDIRON: "YES, I FEEL LIKE I COULD WRITE A BOOK ABOUT AL PETTY AND WHAT HE'S BEEN THROUGH.  FOR EXAMPLE, AS I SAID, HE SEEMS TO BE DRIVEN TO DO WHATEVER HE DOES BETTER THAN ANYONE HAS EVER DONE IT.  AT FIRST PEOPLE APPRECIATE WHAT HE DOES, BUT THEN THEY GET JEALOUS AND TRY TO HURT, OR EVEN TO DESTROY HIM.  LIKE, I REMEMBER THAT SOMETIMES AL WOULD SIGN A CONTRACT WITH A NIGHT CLUB THAT WASN'T MAKING ANY MONEY AND WAS IN TROUBLE.  AL WOULD ALWAYS ASK THEM, 'IF I CAN WORK OUT A PLAN AND MAKE YOU MORE MONEY THAN YOU'VE EVER MADE, WILL IT MATTER TO YOU HOW MUCH MONEY I MAKE'?  AND, OF COURSE, THE CLUB OWNER WOULD ALWAYS SAY, 'IF YOU CAN PULL ME OUT OF THIS HOLE AND MAKE ME MORE MONEY THAN I'VE EVER MADE, I'LL BE GLAD FOR YOU, NO MATTER HOW MUCH MONEY YOU MAKE'.  THEN AL WOULD WORK OUT AN INCENTIVE PLAN, BASED ON PERCENTAGES.  THEN, WHEN THE TIME CAME, AL WOULD GO TO WORK, LIKE HE DID UP IN MONTANA, AND ALL OVER THE COUNTRY.  HE WOULD GET SPONSORS FOR A DAILY RADIO SHOW - TAPED - 'LIVE' AT THE CLUB.  THEN HE WOULD GET A WEEKLY T.V. SHOW ON THE LOCAL STATION - I REMEMBER WHEN CABLE TV FIRST CAME IN, THE STATION WOULD COME IN TO THE CLUB, AND VIDEO TAPE US.  THEN THEY PLAYED VIDEOS OF US 3 TIMES A DAY.  AND, LIKE JUDY HAMILTON WAS TALKING ABOUT AWHILE AGO - BUT THIS WAS OVER 15 YEARS BEFORE THAT - AL WOULD START A 'SEARCH - FOR - TALENT' IN THE NIGHT CLUB ON MONDAY, OR WHATEVER THEIR SLOWEST NIGHT WAS.  WELL THAT NIGHT WOULD MAKE MORE MONEY FOR THE CLUB THAN THEIR SATURDAY NIGHTS.  AL RAN THOSE TALENT SEARCHES BETTER THAN ANYONE YOU'VE EVER SEEN ON TV.  THEN HE WOULD FEATURE THE WEEKLY WINNERS ON HIS RADIO AND T.V. SHOWS.  THIS WENT ON FOR 9 TO 13 WEEKS.  EACH WINNER WOULD BUILD UP A FOLLOWING AND AL MADE SURE THAT THE NIGHT CLUB WAS THE CENTER OF EVERYTHING.  I CAN PROMISE YOU THAT YOU'VE NEVER SEEN SUCH CROWDS AS WE DREW."

SMITH: "WERE THESE TALENT SHOWS KINDA LIKE 'YOU TOO CAN BE A STAR' OR 'NASHVILLE STAR' OR WHAT'S THAT TV SHOW, 'AMERICAN IDOL'?"

COLDIRON: "YES, BUT LIKE EVERYTHING ELSE AL HAS DONE, IT WAS 20 TO 30 YEARS BEFORE ANYONE ELSE WAS DOING IT.  AND I BELIEVE THAT'S WHAT GOT HIM IN THE TROUBLE HE'S IN NOW.  I'LL BETCHA THAT 15 OR 20 YEARS FROM NOW A LOT OF PEOPLE WILL FIGURE OUT HOW TO DO WHAT HE'S ALREADY DOING NOW."

SMITH: "MR. COLDIRON, IF YOU WOULD, PLEASE GO BACK TO YOUR STORY.  YOU WERE TELLING US THAT MR. PETTY GOT IN TROUBLE A LOT FROM DOING THINGS THAT WERE GOOD, BUT MISUNDERSTOOD, AND THAT THIS MADE PEOPLE JEALOUS AND THEY WOULD TRY TO HURT HIM.  IS THAT WHAT YOU WERE SAYING?"

COLDIRON: "YES SIR, I'M SORRY.  I GUESS I'M JUST UPSET BECAUSE I SEE THIS HAPPENING AGAIN - LIKE I'VE SEEN FOR YEARS, AND THAT NOW THEY'RE TRYING TO PUT HIM AWAY FOR LIFE.  ANYWAYS, AS YOU CAN IMAGINE, NO ONE HAD EVER SEEN PROMOTIONS LIKE AL PUT TOGETHER, SO IT WOULD BE THE 'TALK OF THE TOWN AND ALL AROUND'.  THE SAME CLUB THAT WAS LOSING MONEY WOULD BE PACKED EVERY NIGHT.  I REMEMBER ONE PLACE IN BUTTE, MONTANA THAT 3 OTHER CLUBS TOLD ME THAT THEY WERE FULL FROM OUR OVERFLOW FROM PEOPLE WHO COULDN'T GET INTO THE PLACE, WE WERE ENTERTAINING.  OF COURSE, THOSE WERE SOME OF THE PEOPLE WHO HATED AL PETTY, AND MANY OF THEM TRIED TO HURT HIM.  WELL, OF COURSE, JUST LIKE AL PROMISED THE CLUB OWNER, AL MADE MORE MONEY FOR THE CLUB OWNER THAN THEY HAD EVER MADE BEFORE.  IT'S KINDA LIKE HE WAS DOING FOR THE PEOPLE IN TELECOM2000 AND LIKE HE HAS ALWAYS DONE FOR HIS EMPLOYEES.  EVERYONE CONNECTED WITH AL PETTY MAKES MORE MONEY THAN THEY EVER MADE.  AND, IT'S NOT BECAUSE HE DOES ANYTHING ILLEGAL - I'VE NEVER KNOWN ANYONE ANY MORE STRICT ABOUT OBEYING THE LAW THAN AL PETTY - THE REASON THAT EVERYONE WITH HIM MADE MORE MONEY IS BECAUSE AL IS SO SMART, AND HE WORKS HARDER THAN ANYONE!  BUT, BACK TO THE STORY; IT WAS ALWAYS THE SAME.  AT FIRST THE CLUB OWNER WOULD BE THRILLED ABOUT MAKING ALL THAT MONEY.  THEN, WE WOULD GO BACK ON TOUR AND THEIR BUSINESS WOULD FALL FLAT.  THEN, WHEN WE CAME BACK TO TOWN, WE'D PACK THE PLACE.  WELL, LIKE I SAID, AT FIRST THEY WOULD BE HAPPY - THEY COULDN'T DO ENOUGH FOR AL.  THEN, WHEN THEY HAD TO ADMIT THAT IT WAS AL WHO WAS 'PACKIN EM IN', AND NOT THEM AND HE WAS MAKING MORE MONEY THAN THEY WERE, THEY WOULD ALL START HATING AL.  (AND I HATE TO SAY IT, BUT IT LOOKS THE SAME WAY NOW WITH THE GOVERNMENT - AL HASN'T DID ANYTHING BUT HELP EVERYONE, INCLUDING THE GOVERNMENT, BUT I SEE THAT SAME HATRED AND JEALOUSY HERE, AND IN THE TRIAL - IT'S THE SAME THING I'VE SEEN FOR 30 YEARS - SORRY 'BOUT THAT!).

IT GOT SO BAD AT ONE OF THE PLACES THAT AL HELPED THE MOST THAT I BELIEVE THEY TRIED TO HAVE HIM KILLED - AT LEAST THEY DIDN'T DO ANYTHING TO STOP A FELLOW WHO PUT A GUN TO AL'S FOREHEAD, 'AFTER HOURS' IN THEIR CLUB."

SMITH: "YOU SAID THAT AL PETTY ALWAYS WOULD WORK AT ANYTHING UNTIL HE COULD DO IT BETTER THAN ANYONE EVER HAD BEFORE?"

COLDIRON: "YES SIR.  WHAT I WAS JUST SAYING SHOWS HOW THAT AL PETTY BROKE ALL THE RECORDS FOR EVERY PLACE WE EVER WORKED IN.  BUT HE WAS 'THAT A WAY' WITH EVERYTHING.  FOR EXAMPLE HE TOOK UP BOWLING.  WELL HE BOWLED 25 TO 55 GAMES - 7 DAYS A WEEK - PAID HIS BOWLING BY THE MONTH.  SET UP A BALL 'CATCHER-BOX' IN THE HALL OF HIS APARTMENT TO PRACTICE HIS 'APPROACH' - SOME OF THE KIDS WHO WERE HIS T.V. FANS CAME TO THE BOWLING ALLEY AND KEPT SCORE FOR HIM - HE BOWLED ON 3 LANES - WALKED DOWN THE LANES TO THE PINS - MEASURED THE BOARDS THERE AND BACK UP AT THE BALL RETURN AND ANALYZED THEM - HAD BOWLING BALLS MADE WITH JUST A THUMB AND ONE FINGER, TWO FINGERS - THREE FINGERS - FOUR FINGERS AND OF SEVERAL WEIGHTS.  HE PLAYED HUNDREDS OF GAMES WITH EACH BALL & RECORDED THE RESULTS.  HE ALSO TRIED EVERY APPROACH: NO STEPS, 1 STEP, 2 STEPS, 2 1/2 STEPS, 3 STEPS, 4 STEPS AND 5 STEP APPROACHES.  I KNOW THIS SOUNDS CRAZY, BUT THAT'S THE WAY HE GOES ABOUT EVERYTHING HE DOES, JUST LIKE HE DID WITH TELECOM2000."

SMITH: "YOU'VE GOT MY CURIOSITY UP.  DID HE GET TO BE A VERY GOOD BOWLER?"

COLDIRON: "HE SURE DID!  THE PROFESSIONALS AVERAGE FROM 225 TO 235 OR SO.  WELL, IN ONLY 6 MONTHS AL WAS AVERAGING ABOUT 236!  DO YOU WANT MORE EXAMPLES?"

SMITH: "HAVE YOU GOT ONE MORE?"

COLDIRON: "I'VE GOT A LOT MORE.  THAT'S THE WAY HE DID EVERYTHING!  I DON'T KNOW IF I SHOULD TELL THIS, 'CAUSE SINCE HE CAME BACK TO GOD, HE DOESN'T GAMBLE, BUT WHEN WE WERE ENTERTAINING IN LAS VEGAS, AL GOT REAL INTERESTED IN BLACKJACK.  WOW!  THAT REALLY PUT ALL OF US ON A 'TRIP'!  HE HIRED VEGAS DEALERS TO DEAL TO HIM, SOMETIMES MOST ALL NIGHT.  ONE OF US IN THE BAND WATCHED AND KEPT RECORDS OF EVERY HAND.  WE WATCHED HIM, DEALT TO HIM, AND KEPT RECORDS FOR HIM FOR MONTHS, BUT WE WERE NEVER ABLE TO FIGURE HOW HE DID IT.  HE WOULD PAY US TO DEAL HIM THOUSANDS OF HANDS WITH, SAY, THE DUECE UP; THEN THOUSANDS MORE WITH A '3' CARD UP; THEN THOUSANDS OF MORE HANDS WITH A '4' UP, ALL THE WAY THROUGH THE FACE CARDS.  THEN HE DID THIS FOR WHEN HE HAD EACH OF A DUECE, '3','4', '5', ETC AS AN 'UP CARD' AGAINST EACH OF THE DEALER'S FACE CARDS.  THEN HE ANALZED, (NO COMPUTERS BACK THEN), THOSE STACKS OF RECORDS OF EVERY HAND.  THEN HE FIGURED THE ODDS AND MEMORIZED THEM - HUNDREDS OF THEM.  THEN HE CAME UP WITH - WHAT HE SAID - WAS A SIMPLE FORMULA.  HE CALLED IT, UNDERSTANDING FIRST - THE FLOW OF THE CARDS;  AND SECOND, MONEY MANAGEMENT.  HE SAID IT WAS SIMPLE, BUT NO ONE AS FAR AS I KNOW, TO THIS DAY - AND THAT WAS OVER 25 YEARS AGO - EVER UNDERSTOOD IT!"

SMITH: "I GUESS THE QUESTION IS; 'DID IT WORK' - DID HE WIN SOME MONEY?"

COLDIRON: "YOU  BET!  WHEREVER WE WERE ENTERTAINING, HE WOULD CATCH THE FIRST PLANE OUT TO VEGAS ON SUNDAY MORNING, (USUALLY HE WOULD KEEP US UP ALL NIGHT SATURDAY DEALING TO HIM), THEN HIS RENTED CAR AND HOTEL ROOM WOULD BE WAITING.  AL WOULD PLAY BLACKJACK ALL DAY SUNDAY - THEN SLEEP 2 OR 3 HOURS SUNDAY NIGHT - START PLAYING AGAIN ABOUT 4 ON MONDAY MORNING - PLAY ALL DAY - CATCH THE LAST PLANE OUT OF VEGAS TO COME TO WHEREVER WE WERE ENTERTAINING AND BE BACK ON THE STAGE ON MONDAY NIGHT."

SMITH: "BUT, DID HE WIN ANY MONEY?"

COLDIRON: "YES SIR!  HE WOULD EMPTY ALL THE HUNDRED DOLLAR BILLS ON THE DINING TABLE WHEN HE GOT BACK.  WE WOULD COUNT THEM - THEN HE WOULD GIVE EACH ONE OF US PART OF HIS WINNINGS.  THAT'S JUST THE WAY HE'S ALWAYS BEEN - PROBABLY TOO GENEROUS.  I'LL TELL YOU JUST HOW MUCH.  HE KNEW ABOUT BLACKJACK.  IN LAS VEGAS, THEY PUT A 'SHILL' ON HIM.  THEY BARRED HIM FROM 4 CASINOS, BECAUSE HE NEVER LOST MONEY IN ANY OF THOSE CASINOS.  AND, I'LL TELL YOU HOW GOOD HE WAS.  ONE EARLY MONDAY MORNING AT THE 'THUNDERBIRD', THE PIT BOSS AND SHIFT MANAGER ALL CAME OVER TO WATCH HIM PLAY AND TRY TO FIGURE HOW HE ALWAYS BEAT THEM.  I DON'T KNOW IF YOU KNOW ANYTHING ABOUT BLACKJACK BUT AL WAS PLAYING 3 HANDS OF 5 TO $500 EACH AT THE SAME TIME.  THE PIT BOSS THOUGHT HE WAS COUNTING CARDS, SO THEY CHANGED DEALERS 3 TIMES ON HIM, USING NEW DECKS, SHUFFLED AFTER EVERY HAND FOR 7 HANDS, AND TURNED UP 5 BLACKJACKS IN THOSE 7 HANDS.  BUT, IN ABOUT 15 MINUTES, AL PETTY WALKED AWAY $1500 RICHER AFTER THOSE 7 HANDS!"

KENNER: "OBJECTION YOUR HONOR!  I THOUGHT AL PETTY WAS SUPPOSED TO BE A PREACHER!  AND WHAT DOES BLACKJACK HAVE TO DO WITH HIS SENTENCE?"

HANNAH: "MR. SMITH, WHAT DOES BLACKJACK HAVE TO DO WITH THIS SENTENCING HEARING?"

SMITH: "YOUR HONOR, I ASKED MR. COLDIRON TO TELL US SOME THINGS ABOUT MR. PETTY THAT WOULD EXPLAIN THE 'CHARACTOR' OF THE MAN AND GIVE US AN UNDERSTANDING OF WHAT KIND OF PERSON WOULD COME UP WITH A BUSINESS THAT WOULD PAY PEOPLE FROM 500 TO 1300% RETURNS.  MAYBE 'BLACKJACK' DOESN'T HAVE ANYTHING TO DO WITH THE SENTENCE - AND, FOR MS. KENNER'S SAKE, IF I UNDERSTAND IT RIGHT, ALL OF THIS GAMBLING BY AL PETTY WAS DONE IN THE 70'S, BEFORE HE CAME BACK TO GOD IN 1980.  BUT, MR. COLDIRON, MAYBE WE HAD BETTER CHANGE THE SUBJECT, ALTHOUGH YOUR STORY OF AL'S BLACKJACK DOES PROVE ONCE AGAIN THAT HE SEEMS TO ALWAYS WANT TO DO EVERYTHING BETTER THAN ANYONE ELSE, AND THAT HE LOVES TO DO 'WHAT CAN'T BE DONE'?  BUT I DON'T KNOW IF IT PROVES ANYTHING ABOUT HIS NOT BEING A 'MENACE TO SOCIETY'.  HM!  BUT IT DOES SOUND LIKE HE WAS A 'MENACE TO LAS VEGAS'!  MR. COLDIRON, THE PROSECUTION MADE A BIG ISSUE OF HIS GENEROSITY TO HIS EMPLOYEES.  IT SOUNDS LIKE HE PAID WELL, BUT WASN'T REAL EASY TO WORK FOR.  IS THAT AN ACCURATE STATEMENT?"

COLDIRON: "YES SIR, IN A WAY.  FOR EXAMPLE, AL USUALLY HIRED & FIRED 13 PEOPLE FOR EVERY ONE HE KEPT.  HE ONLY KEPT PEOPLE WHO WERE THE BEST AT WHAT THEY DID.  LIKE, BEFORE ME, HE HIRED AND FIRED 13 OF THE BEST DRUMMERS WHEN HE WAS IN L.A.  BUT WHEN HE FOUND THE RIGHT ONE, HE PAID HIM MORE MONEY THAN HE HAD EVER MADE.  THAT DRUMMER STAYED WITH HIM FOR 4 1/2 YEARS, UNTIL AL LEFT L.A.  THE DRUMMER THAT I REPLACED WITH AL, PAUL LEIM, IS NOW IN NASHVILLE.  HE HAS PLAYED ON MORE RECORDINGS THAN ANY DRUMMER 'ON PLANET EARTH'.  AND I HAVE BEEN WITH AL FOR THE BEST PART OF 32 YEARS.

SMITH: "DID HE HAVE SOME PRETTY TOUGH RULES THAT MADE HIM HARD TO WORK FOR?"

COLDIRON: "YES, BUT THEY WORKED FOR EVERYBODY'S GOOD, AS LONG AS THEY 'HAD WHAT IT TAKES'.  THE MAIN THING, OF COURSE, WAS HIS MUSIC.  HE HAS TO BE ONE OF THE BEST STEEL GUITARISTS AND MUSICIANS EVER!  AND HE ALSO KNOWS MORE ABOUT THE MUSIC BUSINESS AND MUSIC ITSELF THAN - I BELIEVE - ANYONE.  AND HE'S A GREAT TEACHER.  HE STARTED TEACHING WHEN HE WAS ONLY 9 YEARS OLD, AND THEN TEACHING PROFESSIONALLY AT 14 YEARS OLD - HE WROTE HIS FIRST MUSIC COURSE AT 16 - THAT WAS 25 YEARS AHEAD OF HIS TIME - AND HE HAD THE LARGEST CHAIN OF MUSIC SCHOOLS IN THE STATE OF TEXAS WHEN HE WAS ONLY 19 - HE QUIT TEACHING WAY BACK IN '65 - HE WAS GETTING $100 PER HOUR THAT LONG AGO - TEACHING ONLY PROFESSIONALS -AND HE'S IN THE 'STEEL GUITAR HALL OF FAME'.  (I TOLD YOU I KNOW HIM JUST ABOUT BETTER THAN ANYONE!)

YES, A MAN LIKE THAT IS HARD TO WORK FOR.  HE SANG ABOUT 1200 SONGS FROM MEMORY.  AND, HE ANSWERED ABOUT 80 REQUESTS A NIGHT, SO WE HARDLY EVER KNEW WHAT THE NEXT SONG WAS, BUT HE ABSOLUTELY COULD NOT STAND TO HEAR BAD NOTES OR CHORDS!  WE HAD SOME OF THE BEST BANDS YOU'VE EVER HEARD BECAUSE HE PAID MORE THAN EVEN THE BIG STARS, LIKE BUCK OWENS AND MERLE HAGGARD PAID.  AND, OUR WAGES WERE GUARANTEED.  LIKE, SOMETIMES OUR JOB WOULD GET CANCELLED, BUT HE PAID US ANYWAYS, WHETHER HE GOT PAID OR NOT.  ALSO, I NEVER HEARD OF A BAND LEADER PAYING FOR VACATIONS, BUT AL GAVE US TWO 10-DAY PAID VACATIONS EVERY YEAR.  BUT HE HAD A LOT OF TOUGH RULES."

SMITH: "WOULD YOU TELL US A FEW OF THOSE RULES, MR. COLDIRON?"

KENNER: "OBJECTION, YOUR HONOR.  I DO NOT BELIEVE THAT MR. PETTY'S RULES FOR HIS BANDS HAS ANY RELEVANCE AT ALL ON TELECOM2000!"

HANNAH: "MAY I REMIND YOU, MS. KENNER, THAT MR. COLDIRON IS A 'CHARACTER WITNESS".  AS LONG AS THESE WITNESSES ARE SHEDDING SOME LIGHT ON MR. PETTY'S CHARACTER, THEY ARE IN ORDER.  THESE WITNESSES ARE HERE TO HELP ME DETERMINE IF AL PETTY IS A 'THREAT TO SOCIETY', AND WHAT HIS PAST CHARACTER TELLS US ABOUT WHETHER HE WILL BE A 'MENACE TO SOCIETY' OR A 'BLESSING TO SOCIETY'.  MY FINAL OPINION ON HIS CHARACTER WILL INFLUENCE MY DECISION REGARDING HOW LONG MR. PETTY'S SENTENCE SHOULD BE.  I REMIND YOU THAT THAT'S WHY THIS IS CALLED A 'SENTENCING HEARING', SO LET'S HEAR WHAT THE WITNESSES HAVE TO SAY.  YOUR OBJECTION IS OVERRULED.  CONTINUE ON MR. SMITH."

SMITH: "THANK YOU, YOUR HONOR.  MR. COLDIRON I BELIEVE YOU WERE ABOUT TO TELL US SOME OF AL PETTY'S RULES.  THAT SHOULD TELL US A LOT ABOUT HIS CHARACTER - AND SHOW US WHAT KIND OF MAN AL PETTY IS.  NOW, WHERE WERE YOU?"

COLDIRON: "LET ME SAY THAT 'AL PETTY THE MAN' IS VERY COMPLICATED, BUT 'THE CHARACTER OF AL PETTY' IS VERY CLEAR.  FIRST OFF, LET ME TELL YOU THAT HE WAS ALMOST A FANATIC ABOUT OBEYING AND UPHOLDING THE LAW.  THAT'S WHY I KNOW THAT AL PETTY DID NOT KNOWINGLY BREAK ANY LAW WITH TELECOM2000.  FOR EXAMPLE, IT'S JUST A FACT THAT A LOT OF MUSICIANS BREAK THE LAW BY SMOKING POT.  WELL, I REMEMBER, MORE THAN ONCE, THAT WHEN AL FOUND OUT THAT A MUSICIAN WAS SMOKING POT, HE IMMEDIATELY FIRED THEM, EVEN IF IT MEANT THAT THE BAND WOULD NOT SOUND NEARLY AS GOOD UNTIL HE COULD FIND A REPLACEMENT AND TRAIN HIM.  THAT'S JUST THE WAY AL WAS, IF SOMETHING WAS WRONG OR ILLEGAL, HE WOULD NOT PUT UP WITH IT, NO MATTER HOW TOUGH IT MADE IT ON HIM AND US.

ANOTHER RULE WAS ABOUT BEING ON TIME.  HIS RULE WAS THAT YOU HAD TO BE AT LEAST 15 MINUTES EARLY FOR THE JOB.  HE TOLD US THAT WE WERE GETTING PAID TO ENTERTAIN, AND THAT WE NEEDED TO GET TO THE JOB EARLY TO MAKE SURE THAT OUR EQUIPMENT WAS WORKING, THEN TO RELAX AND GET MENTALLY PREPARED TO ENTERTAIN, NO EXCUSES, PERIOD.  IF WE WERE LESS THAN 15 MINUTES EARLY THERE WAS A FINE OF JUST A DOLLAR, BUT IF YOU WERE LATE 3 TIMES IN A WEEK, THE FINE WENT UP AND YOU WERE FIRED.  THEN, ONE TIME WHEN I WASN'T WITH THE BAND FOR AWHILE, AL CAME UP WITH A REAL TOUGH FINE.

HE CALLED THE BAND TOGETHER FOR A MEETING.  HE ASKED EACH ONE OF THEM TO TELL HIM HOW MUCH THEY FELT THEIR TIME WAS WORTH.  THEN HE ADDED IT ALL UP.  THE TOTAL WAS ABOUT $300 AN HOUR.  THEN HE ASKED EACH BAND MEMBER WHAT THEY COULD DO, SAY IF THE PERSON WHO WAS DRIVING THE VAN WITH THE EQUIPMENT WAS LATE, AND IF THEY GOT TO A PLACE ON TIME TO SET UP THE EQUIPMENT BUT THE MUSICIAN WHO WAS DRIVING THE VAN WAS LATE - WHAT COULD THEY DO WHILE THEY WERE WAITING FOR HIM TO GET THERE WITH THE EQUIPMENT.  OF COURSE THEY SAID THERE WAS NOTHING THEY COULD DO BUT WAIT.  THEN HE REMINDED THEM OF HOW MUCH THEY SAID THEIR TIME WAS WORTH.  THEN HE ASKED THEM IF THEY DIDN'T THINK THAT WHOEVER WAS WASTING THEIR TIME SHOULD HAVE TO PAY THEM FOR THEIR TIME, SINCE THAT PERSON WHO WAS LATE WAS KEEPING THEM FROM DOING THINGS THEY ALL NEEDED TO BE DOING - NOT JUST SITTING AND WAITING.  OF COURSE THEY ALL AGREED THAT ANYONE WHO WAS WASTING THEIR TIME SHOULD HAVE TO PAY THEM FOR THEIR TIME.  SO, THE FINE REALLY WENT UP!  THE FINE WAS NOW $300 AN HOUR.  THAT'S $25 FOR EACH 5 MINUTES, OR $5 FOR EVERY MINUTE THEY WERE LATE - LIKE THAT WAS A $75 FINE IF YOU WERE 15 MINUTES LATE!  WELL, THAT CURED THE LATE PROBLEM.  ONE FELLOW, WHO DROVE THE VAN, SEEMED TO ALWAYS PUSH THINGS TO THE LAST MINUTE, AND THAT MADE HIM LATE WITH THE EQUIPMENT.  WELL, HE WAS NEVER LATE AGAIN!  IF THE BAND HAD TO BE OPENING SOMEWHERE 500 MILES AWAY IN 2 DAYS, HE WOULD DRIVE STRAIGHT THROUGH TO MAKE SURE HE GOT THERE ON TIME.  OF COURSE, AL PETTY FURNISHED HIM WITH A NEW DODGE MAXIVAN FOR HIS OWN PERSONAL USE.  BY THE WAY, THAT MUSICIAN IS ONE OF THE FINEST PIANISTS ANYWHERE.  IN FACT, HE RECENTLY TURNED DOWN A TOUR WITH CLINT BLACK, RAY CHARLES AND B.B. KING, THAT HE WAS TOO BUSY TO TAKE.  STILL TODAY, HE IS ONE OF OUR BEST FRIENDS.  AL TAUGHT US ALL IMPORTANT LESSONS LIKE THAT ALL THE TIME.  DOES THAT TELL YOU SOMETHING ABOUT HIS CHARACTER?"

SMITH: "IT CERTAINLY DOES!  WOULD YOU LIKE TO TELL US SOMETHING ABOUT HIS PRINCIPLES, MR. COLDIRON?"

COLDIRON: "I THINK I KNOW WHAT YOU MEAN, SO LET ME TELL YOU ABOUT ANOTHER THING HE TAUGHT US THAT HAS STAYED WITH ME FOR ALL THESE YEARS.  HE WASN'T A CHRISTIAN THEN, BUT HE ALWAYS TOLD US THAT 'A HOUSE DIVIDED AGAINST ITSELF CANNOT STAND'!  HE SAID THAT WE ALL DEPENDED ON EACH OTHER TO MAKE A LIVING - THAT WHEN WE STARTED GOSSIPING OR TALKING NEGATIVELY ABOUT ANOTHER MEMBER OF THE BAND, INCLUDING THE 2 OR 3 'GIRL SINGERS', WE WERE DESTROYING OUR OWN SELF.  SO HE HAD ANOTHER RULE THAT APPLIED TO GOSSIP.  WE WERE NEVER TO SPEAK NEGATIVELY ABOUT ANY OTHER BAND MEMBER, INCLUDING HIM.  IF WE HAD A PROBLEM WITH ANOTHER BAND MEMBER, WE HAD TO TALK WITH THEM ABOUT IT, NOT TELL ANYONE ELSE ABOUT IT.  IF AL FOUND OUT THAT WE DID GOSSIP, WE WOULD GET 2 WARNINGS.  IF IT HAPPENED 3 TIMES, WE WERE FIRED.  I DON'T REMEMBER ANYONE GETTING FIRED FOR THAT.  BUT THAT WAS A TOUGH RULE.  BUT IT SURE WORKED!  WE WERE ABLE TO KEEP GREAT BANDS TOGETHER FOR A LONG TIME BECAUSE OF THAT RULE.  I REMEMBER THAT I WAS MARRIED TO ONE OF THE GIRL SINGERS, WHOSE SISTER WAS ALSO A SINGER IN THE BAND.  MY WIFE WAS REALLY A BELIEVER IN AL PETTY, LIKE I AM.  WE WERE ALWAYS REMINDING EACH OTHER OF THAT RULE, ESPECIALLY SHE WAS ALWAYS REMINDING ME.  I LEARNED HOW THAT IT'S JUST 'NATURAL' TO GOSSIP, BUT HOW THAT, ONCE YOU START TO TALK ABOUT SOMEONE THAT YOU'RE ASSOCIATED WITH, THAT'S REALLY 'THE BEGINNING OF THE END', I COULD TALK FOR A LONG TIME ABOUT WHAT HE TAUGHT US ABOUT THAT, AND A LOT OF THINGS!"

SMITH: "WE ARE TAKING UP A LOT OF TIME, BUT YOU ARE SHOWING US THAT IT SEEMS LIKE, THAT EVERYTHING AL DID, HE 'TOOK IT TO THE LIMIT', BUT IT SEEMED TO ALSO WORK FOR EVERYBODY'S GOOD!  NOW YOU SAID THAT ALL OF THESE THINGS HAPPENED WHEN, I BELIEVE YOU SAID THAT 'AL WAS AWAY FROM GOD', IS THAT CORRECT?"

COLDIRON: "YES SIR."

SMITH: "HOW LONG A PERIOD OF TIME HAVE WE BEEN TALKING ABOUT HERE?"

COLDIRON: "WELL, HE HIRED ME, I BELIEVE, IN 1968, AND HE 'CAME BACK TO GOD' IN 1980, SO WE'VE BEEN TALKING ABOUT A PERIOD OF ABOUT 12 YEARS."

SMITH: "I HATE TO KEEP GOING, BUT IF IT'LL SAVE MY CLIENT A FEW YEARS OFF HIS SENTENCE, THAT'S WHAT WE'RE HERE FOR.  YOUR HONOR, MAY I HAVE A FEW MORE MINUTES WITH THIS WITNESS?"

HANNAH: "YES, THIS IS TAKING LONGER THAN USUAL, BUT AL PETTY'S LIFE IS AT STAKE HERE, SO YOU MAY CONTINUE FOR A WHILE, MR. SMITH.  MR. COLDIRON, PLEASE KEEP YOUR ANSWERS AS CONCISE AS POSSIBLE."

SMITH: "DID AL PETTY'S BASIC CHARACTER SEEM TO CHANGE MUCH IN 1980 WHEN, I BELIEVE YOU SAID, HE 'CAME BACK TO GOD'?"

COLDIRON: "WELL, I WOULD SAY THAT HIS 'CHARACTER' DIDN'T CHANGE THAT MUCH, BUT SOME OF HIS HABITS DID CHANGE A LOT!"

SMITH: "WOULD YOU PLEASE EXPLAIN THAT STATEMENT?  IT SEEMS LIKE HABITS AND CHARACTER ARE KIND OF LINKED TOGETHER?"

COLDIRON: "WELL, BY HIS CHARACTER, I MEAN THAT HE NEVER DID LIE, OR WOULD NEVER CHEAT ANYONE OUT OF ANYTHING, AND I NEVER KNEW OF HIM TAKING ADVANTAGE OF ANYONE, NOR HURTING ANYONE - AND ALSO THESE RULES I'VE BEEN TALKING ABOUT WERE JUST THE WAY AL PETTY IS - I DON'T THINK HE COULD DO ANYTHING ABOUT IT IF HE TRIED!  I DON'T KNOW IF YOU KNOW THIS, BUT AL PETTY WENT THROUGH 3 SHRINKS AND ONE OF THE TOP HYPNOTISTS IN HOLLYWOOD BEFORE HE WAS 30 YEARS OLD TO ONLY FIND OUT THAT THERE WAS NOTHING 'WRONG WITH HIM', THAT'S JUST THE WAY HE IS.  HE'S A NATURAL BORN PERFECTIONIST, AND PROBABLY, IN SOME WAYS AT LEAST, A REAL GENIUS.

BUT, EVEN THOUGH AL'S 'CHARACTER', THAT IS 'WHO HE IS' DIDN'T CHANGE, SOME OF HIS HABITS DID CHANGE DRASTICALLY.  LIKE, AL WAS 38 YEARS OLD BEFORE HE TOOK HIS FIRST DRINK.  IN FACT, I'M SORRY TO SAY THAT I'M THE ONE WHO GAVE HIM HIS FIRST DRINK - OF COURSE HE READ IN A HEALTH MAGAZINE THAT WINE WAS GOOD FOR YOU.  SO HE ASKED ME TO GET HIM A BOTTLE OF WINE SO I DID.  WELL, FOR THE NEXT 9 YEARS, UNTIL HE CAME BACK TO GOD - AT 47 YEARS OLD - HE NEVER WENT ANOTHER DAY WITHOUT DRINKING AND, OF COURSE HE WAS DRINKING ABOUT EVERYTHING THAT HAD ALCOHOL IN IT RIGHT AFTER HE STARTED DRINKING.  I USED TO TELL PEOPLE THAT AL PETTY, (AL PERRY AT THE TIME), COULD DRINK A FIFTH OF BOOZE AND STILL OUT-THINK ANYONE ELSE.  HIS EXCUSE FOR DRINKING WAS THAT THAT WAS THE ONLY WAY THAT HE COULD 'HANDLE' THIS CRAZY-UPSIDE-DOWN WORLD.  COMPARED TO THE WAY AL THOUGHT AND GOT THINGS DONE - TO HIM IT SEEMED THE WORLD WAS 'MOVING IN REVERSE, AND VERY LITTLE THAT PEOPLE SAID AND DID MADE ANY SENSE TO AL.  ANYWAY, AFTER 9 YEARS, AL WAS DRINKING A LOT!  HE HAD ALWAYS BEEN SUCH A 'FANATIC' IN TAKING CARE OF HIMSELF.  I KNOW THAT HE HAS BEEN DOING PUSH UPS, SIT UPS, DEEP KNEE BENDS AND STANDING ON HIS HEAD EVERY DAY FOR 40 YEARS, AND WATCHING HIS DIET.  I HAD NEVER SEEN HIM SICK - BUT THE ALCOHOL WAS CAUSING HIM INTERNAL BLEEDING AND HE REALLY WANTED TO QUIT, BUT THAT WAS THE ONE THING HE WANTED TO DO, BUT COULDN'T ON HIS OWN.

WELL, IT'S A LONG, BEAUTIFUL, STORY, BUT ON LABOR DAY WEEKEND IN 1980 WE WENT TO ENTERTAIN AT SCOTTY'S INTERNATIONAL STEEL GUITAR CONVENTION IN ST. LOUIS.  HE TRIED NOT TO DRINK, IT WAS AT NOON, BUT ABOUT 11:30 HE DOWNED ABOUT A HALF-FIFTH OF WHISKEY.  AFTER OUR CONCERT HE FELT REALLY GUILTY THAT HE HAD NOT BEEN ABLE TO GO ON STAGE WITHOUT BEING HALF DRUNK.  WELL, WE MET THE MAN WHO BROUGHT AL BACK TO GOD, REV. JERRY PHELPS, PASTOR OF TYLER METRO CHURCH.  (BY THE WAY, REV. PHELPS IS HERE IN THE COURTROOM TODAY TO SUPPORT AL.)  WE MET JERRY IN THE ELEVATOR IN ST. LOUIS, AND THE REST IS HISTORY.  WITHIN ABOUT 2 WEEKS NOT ONLY HAD AL CAME BACK TO GOD, GOD HAD DELIVERED HIM TOTALLY FROM ALCOHOL.  THAT'S BEEN 22 YEARS AND HE HAS NEVER HAD ANOTHER DRINK.  BY THE WAY, WHEN THE REST OF US SAW WHAT GOD HAD DONE FOR HIM, WE ALL GOT SAVED!  AT THAT TIME, THE BAND WAS MY BROTHER AND ME AND AL'S DAUGHTER, WHO WAS MY WIFE AT THE TIME, HALO.  IN OTHER WORDS, AL WAS MY FATHER-IN-LAW.

WELL, ONLY 5 WEEKS AFTER WE GOT SAVED JERRY PHELPS' CHURCH BOOKED US TO GIVE A CONCERT THERE.  WE RECORDED THAT CONCERT IN JEFFERSONVILLE, INDIANA.  WE WERE LIVING IN THE PITTSBURG AREA THEN IN THE SUBURB OF WASHINGTON, PENNSYLVANIA.

THEN WITHIN 6 WEEKS OF THE TIME AL GOT OUT OF HIS CONTRACTS IN COUNTRY MUSIC, AL HAD CHANGED HIS NAME BACK TO HIS REAL NAME, AL PETTY, AND HAD A T.V. PROGRAM ON A BIG CHRISTIAN STATION IN PITTSBURG - I BELIEVE IT WAS CHANNEL 40 - WPCB.  WELL HE BOUGHT US ONE OF THOSE BIG DOUBLE - DECKER TRAILWAYS BUSSES, AND WE HIT THE ROAD AS "THE AL PETTY NEW LIFE BLESSING', INSTEAD OF 'THE AL PERRY COUNTRY AFFAIR'.  JERRY PHELPS AND HIS WIFE MARTHA, AND 2 DAUGHTERS, CAMILLA AND CARISSA TRAVELED WITH US.  JERRY BOOKED US AND WAS OUR CHRISTIAN MENTOR.

WELL, JUST LIKE AL PETTY ALWAYS GETS THINGS DONE, IN NO TIME HE HAD PRODUCED A NATIONALLY SYNDICATED T.V. PROGRAM FOR THE CHURCH THAT JERRY PHELPS AND BROTHER A.J. LEWIS, WHO JUST TESTIFIED HERE, WERE THE 1ST AND 2ND VICE PRESIDENTS OF IN JEFFERSONVILLE.

THE CONCEPT FOR THAT PROGRAM WAS GREAT.  AL WROTE THE COMMERCIALS FOR PASTORS ALL AROUND THE COUNTRY, SENT THEM CASSETTES TO LEARN AND PRACTICE THEM FROM - COACHED THEM ON HOW TO PERFORM THEM - WENT TO THEIR CHURCHES AND RAISED THE MONEY.  HE CO-ORDINATED AND BOOKED THE TIME ON EACH CHURCH'S LOCAL STATIONS IN ABOUT 50 LOCATIONS - HE ALSO BOOKED ALL THE PRODUCTION FACILITIES AND DID THE EDITING, WHY HE EVEN WROTE, SANG AND PRODUCED A JINGLE FOR THE T.V. PROGRAM'S COMMERCIALS AND BACKGROUND.  IN OTHER WORDS, AL PETTY JUST ABOUT PUT ALL OF IT TOGETHER.  BY THE WAY, JERRY PHELPS, WHO LED AL TO JESUS, AND LIKE I SAID, IS HERE TODAY, WAS THE EMCEE, AND A.J. LEWIS, WHO JUST TESTIFIED FOR AL, ALSO PERFORMED ON THE PROGRAMS.  IT WAS A GREAT CONCEPT OF 'NATIONAL PRODUCTION QUALITY' WITH LOCAL CHURCH IDENTIFICATION, BUT AT LOCAL COSTS.  ANY MAIN LINE CHURCH DENOMINATION WHO GETS AHOLD OF AL'S CONCEPT COULD REACH MILLIONS OF PEOPLE AND EXPLODE THEIR LOCAL CHURCHES ATTENDANCE ALMOST OVERNIGHT, I BELIEVE.  BUT THERE AGAIN, THAT'S BEEN 20 YEARS AGO - AND JUST LIKE WITH TELECOM2000, AL PETTY HAS ALWAYS BEEN 20 TO 30 YEARS AHEAD OF HIS TIME!  I'D BETTER GET BACK TO THAT T.V. PROGRAM NOW.

AL LITERALLY WORKED HIMSELF ALMOST TO DEATH.  THAT WAS THE ONLY TIME I'VE SEEN HIM GET SICK.  HE PRODUCED THE T.V. PROGRAM IN 3 PLACES; IN DALLAS, JEFFERSONVILLE, INDIANA AND COLUMBUS OHIO.  THEN HE TRAVELED ALL OVER THE COUNTRY TO SHOW EACH CHURCH WHAT IT WAS ALL ABOUT.  AL FLEW, CARRYING 20 PIECES OF EQUIPMENT WITH HIM, TO 6 CITIES A WEEK, THEN BACK TO JEFFERSONVILLE ON SUNDAYS.  HE DID THIS UNTIL IT PUT HIM IN THE HOSPITAL, AND BUT FOR THE GRACE OF GOD, HE PROBABLY WOULD HAVE DIED.

OH, I FORGOT TO MENTION THAT AL WROTE A SONG EVERY DAY FOR THE LAST 30 DAYS THAT WE WERE FINISHING OUR ENTERTAINMENT CONTRACTS.  WE'VE RECORDED ALL 30 OF THOSE GOSPEL SONGS ON 3 ALBUMS ON AL'S LOVE RECORDS."

SMITH: "MR. COLDIRON, IT SOUNDS LIKE WE'RE WRITING A BOOK HERE.  SURELY WE'VE ALREADY ESTABLISHED THAT MR. PETTY IS QUITE UNUSUAL AND KNOWS HOW TO GET THINGS DONE AND IS OF THE HIGHEST CHARACTER.  UNLESS YOU'VE GOT SOMETHING ELSE TO ADD, I BELIEVE WE'D BETTER GET ON NOW TO THE LAST WITNESS, WE'VE COVERED A LOT, BUT, I'M KIND OF HESITANT TO ASK THIS, BECAUSE WE MAY BE HERE FOREVER, BUT WE ARE TALKING ABOUT A MAN HERE THAT COULD HAVE TO SPEND THE REST OF HIS LIFE IN PRISON, SO I'LL ASK THE QUESTION ANYWAY.  JUST BE AS BRIEF AS YOU CAN.  THE QUESTION IS; DID YOU HAVE ANY PERSONAL BUSINESS RELATIONS WITH AL PETTY?"

COLDIRON: "YES SIR.  I'LL TRY TO MAKE IT AS BRIEF AS I CAN, AND JUST MENTION A COUPLE OF THINGS.  FIRST OF ALL, I MEANT TO USE SOMETHING THAT AL DID IN 1979 AND '80 THAT IS A GOOD EXAMPLE OF HOW HE SEEMS TO ALWAYS DO WHATEVER HE DOES BETTER THAN IT'S EVER BEEN DONE.  JUDY MENTIONED THAT AL WROTE A JINGLE FOR THEIR WESTERN WEAR STORE.  WELL, ABOUT 8 YEARS BEFORE SHE MET HIM, AL WROTE MUSICAL COMMERCIALS ABOUT - YOU COULD SAY THAT HE INTERVIEWED AND 'WROTE A SONG ABOUT' POLITICIANS.  TWENTY FIVE YEARS AGO THAT WAS UNHEARD OF.  HE WROTE SONGS ABOUT JUST ABOUT EVERY KIND OF POLITICIAN, FROM SHERIFFS TO DISTRICT ATTORNEYS, COUNTY COMMISSIONER, JUDGES, STATE AND NATIONAL SENATORS, HOUSE OF REPRESENTATIVES, YOU NAME IT.  IN SEVERAL COUNTIES HE WROTE JINGLES FOR THE WHOLE PARTY SLATE OF 12 CANDIDATES, AND HE WON ALL 12 RACES!  I'LL NEVER FORGET THE WHOLE BAND STAYING UP ALL NIGHT ON ELECTION NIGHTS, AND HOW EXCITED WE GOT WHEN WE HEARD THAT WE WON RACE AFTER RACE.  KEEP IN MIND THAT NO ESTABLISHED POLITICIAN, AND VERY FEW INCUMBENTS, WOULD USE ANYTHING AS RADICAL AS A SONG ABOUT THEMSELF IN A POLITICAL CAMPAIGN.  BUT, IN SPITE OF THE FACT THAT THE ODDS AGAINST NON-INCUMBENTS WINNING WERE ABOUT FOUR TO ONE, AS FAR AS I KNOW, ONCE AGAIN AL PETTY BROKE EVERY POLITICAL ADVERTISING WINNING RECORD.  AL WON 84.5% OF ALL THE RACES FOR THE CANDIDATES HE REPRESENTED.

NOW, THIS WAS SEVERAL YEARS BEFORE THERE WAS DIGITAL RECORDING, BUT AL WORKED OUT AN 'OVERDUBBING SYSTEM', SIMILAR TO THE DIGITAL TECHNOLOGY HE USED LATER.  THAT'S ONE REASON HE WAS SO SUCCESSFUL.  LIKE HE ALWAYS DOES, HE FIGURED OUT A WAY TO PRODUCE THESE JINGLES FOR ABOUT $1,000.  IF THE CANDIDATE COULD HAVE HAD IT DONE FOR ANY PRICE, IT WOULD HAVE COST THEM $10,000 OR SO.  THAT'S THAT 90% SAVINGS THAT AL SEEMS TO ALWAYS COME UP WITH.  AND, I MIGHT SAY THAT AL SOMETIMES CLEARED THOUSANDS OF DOLLARS A DAY WHILE SAVING THE CLIENT 90%.  OF ALL THE HUNDREDS OF DIFFERENT KINDS OF JINGLES AL DID, I DON'T RECALL ONE CLIENT WHO WASN'T HAPPY WITH THEIR JINGLE!"

SMITH: "I'M SORRY MR. COLDIRON, BUT I THINK WE HAD BETTER GET TO THE NEXT WITNESS.  YOU'VE GIVEN US SOME AMAZING INFORMATION.  MAYBE WE HAVE TIME FOR ONE MORE - - -"

KENNER: "OBJECTION, YOUR HONOR!  I BELIEVE WE'VE HEARD MORE THAN ENOUGH FROM THIS WITNESS!  DON'T YOU THINK IT'S TIME FOR US TO MOVE ON?"

HANNAH: "MS. KENNER, THAT IS NOT YOUR DECISION TO MAKE.  THAT'S MY JOB!  MR. COLDIRON HAS BEEN QUITE HELPFUL TO ME IN MAKING MY DECISION REGARDING AL PETTY'S SENTENCE.  I'LL LET YOU KNOW WHEN IT'S TIME TO 'MOVE ON', MS. KENNER.  I REMIND YOU THAT I'M SENTENCING HIM; YOU'RE NOT!  O.K. MR. COLDIRON, MR. SMITH ASKED YOU IF YOU HAD ONE MORE EXAMPLE OF THE BUSINESS CHARACTER OF AL PETTY.  DO YOU?"

COLDIRON: "YES SIR, I KNOW I'VE BEEN UP HERE A LONG TIME, BUT I FEEL LIKE I HAVEN'T SCRATCHED THE SURFACE. - - -"

HANNAH: "I'LL TELL YOU WHAT.  IT'S ABOUT TIME FOR LUNCH.  LET'S SEE, IT'S 11:35.  LET'S RECESS TILL 12:30, THEN MAYBE WE CAN COME BACK AND LET YOU FINISH, MR. COLDIRON, THEN HEAR WHAT THE LAST WITNESS HAS TO SAY.  THEN WE'LL HEAR, I BELIEVE, FROM MR. PETTY AND THEN I'LL GIVE YOU MY DECISIONS.  COURT IS ADJOURNED.  BE BACK HERE AT 12:30 SHARP.

(AFTER LUNCH)
(COURT CALLED BACK TO SESSION)

SMITH: "MR. COLDIRON, NOW IF YOU'LL GIVE US YOUR TESTIMONY REGARDING A BUSINESS RELATIONSHIP WITH MR. PETTY, PLEASE, I THINK WE'LL LET YOU GO.  WHAT WERE YOU GOING TO TELL US?"

COLDIRON: "AFTER AL MOVED BACK HERE TO OVERTON, HE WAS SO BUSY WORKING ON HIS 'STEEL GUITORCHESTRA' THAT I DIDN'T SEE HIM THAT OFTEN.  BY THE WAY, I AGREE WITH EVERYTHING THAT REVEREND LEWIS SAID ABOUT AL'S STEEL GUITORCHESTRA.  TO ME, THAT'S JUST ANOTHER EXAMPLE OF AL PETTY BEING ABLE TO DO THINGS THAT EVERYONE SAYS 'IT CAN'T BE DONE' OR 'SOUNDS TOO GOOD TO BE TRUE'.  AND THAT, MOST OF THE TIME 'AL PETTY IS 20-30 YEARS AHEAD OF HIS TIME'.

I BELIEVE IT WAS ABOUT 10 YEARS AGO THAT AL WAS ABOUT FINISHED WITH DEVELOPING THE STEEL GUITORCHESTRA.  WE HAD A CHANCE TO BUY K.H.Y.M. A RADIO STATION IN GILMER, TEXAS.  AL AND I HAD BOTH BEEN IN RADIO JUST ABOUT ALL OF OUR LIVES, SO WE BORROWED SOME MONEY AND BOUGHT THE STATION.  AL ALMOST IMMEDIATELY CAME UP WITH A 'CLOCK' THAT WAS THE BEST I'VE EVER SEEN - - -"

HANNAH: " 'CAME UP WITH A CLOCK"?  WHAT DOES THAT MEAN?"

COLDIRON: "I'D BE GLAD TO EXPLAIN IT TO YOU, BECAUSE I'M STILL EXCITED ABOUT IT"

HANNAH: "WELL, GO AHEAD."

COLDIRON: "A RADIO 'CLOCK' IS A 'CLOCK' THAT TELLS THE DEE JAY, YOU MIGHT SAY, 'WHICH TYPE OF RECORD TO PLAY AND WHEN'.  IT'S BEEN ABOUT 10 YEARS AGO, BUT I THINK I CAN REMEMBER MOST OF IT.  THE OBJECTIVE IS TO PLAY A VARIETY OF MUSIC THAT WILL ENTERTAIN YOUR LISTENERS AND MAKE THEM 'WELD' THEIR DIAL TO YOUR STATION NUMBER - OURS WAS 'TEN-SIXTY-A.M.'  I BELIEVE WE STARTED AT THE TOP OF THE HOUR BY PLAYING A SONG BY A CURRENT COUNTRY ARTIST.  THEN WE FOLLOWED THAT WITH A CATEGORY AL DEVELOPED CALLED 'HALL OF FAME-GOLD'.  THEN WE PLAYED A RECORD BY A 'NEW - OR UNKNOWN-ARTIST'.  AFTER THAT WE PLAYED A 'FUNNY COUNTRY' RECORD, LIKE RAY STEVENS.  THEN, I BELIEVE WE PLAYED A COUNTRY GOSPEL RECORD.  THEN WE WOULD PLAY, WHAT AL CALLED, A "HALL OF FAME-SILVER", LIKE THE JUDDS, ETC.  THEN, EVERYONE SEEMS TO STILL LIKE ELVIS, SO WE PLAYED ONE OF ELVIS' RECORDS EVERY HOUR.  NOW THAT'S NOT EXACTLY HOW THE CLOCK WENT, BUT THAT'S CLOSE.  ANYWAY I STILL FEEL LIKE THAT AL'S CLOCK WAS THE BEST I'VE EVER SEEN.

AL PERSONALLY PUT TOGETHER WHAT I BELIEVE IS THE FINEST LIBRARY OF 'COUNTRY HALL OF FAME' RECORDS EVER!  IT TOOK HIM ABOUT 6 MONTHS, DAY AND NIGHT, BUT HE PUT ABOUT 1500 OF THOSE SONGS IN OUR LIBRARY.  ALSO, NO DEE JAY WAS ALLOWED TO PLAY ANY RECORD THAT 'PROMOTED' DRINKIN', 'DRUGGIN' OR CHEATIN!  AL WAS ON THE AIR 2 HOURS A DAY FROM HIS STUDIO, AND I WAS ON 2 HOURS A DAY FROM THE STATION.

AL REALLY PUT A WHOLE PACKAGE TOGETHER FOR THE STATION.  SEVERAL TIMES NOW WE'VE TALKED ABOUT HIS TALENT CONTESTS.  WELL, WE STARTED A SATURDAY NIGHT 'FAMILY-OPRY-TYPE' SHOW  ON SATURDAY NITES IN A BUILDING BETWEEN LONGVIEW AND GILMER IN GLENWOOD SPRINGS.  THE GRAND PRIZE WAS A WHOLE RECORD ALBUM.  AL COULD PLAY ALL OF THE MUSIC ON HIS STEEL GUITORCHESTRA, SO IT DIDN'T COST US THAT MUCH.  WE HAD GREAT TALENT COME FROM HUNDREDS OF MILES AROUND.  I REMEMBER ONE FELLOW THAT CAME EVERY WEEK FROM FT. WORTH, AND ONE GIRL SINGER THAT CAME OVER FROM SHREVEPORT EVERY WEEK FOR MONTHS.  LIKE AL HAD BEEN DOING FOR MANY YEARS, WE TAPED THE SHOWS AND THE 'SEARCH FOR TALENT' AND THEN PLAYED IT BACK ON OUR RADIO STATION.  EVERYONE LISTENING COULD PICK THEIR FAVORITES AND THEN COME OUT TO THE 'AMERICAN MUSIC HAYRIDE' - IT WAS CALLED - ON SATURDAY NIGHTS TO SUPPORT THEIR FAVORITE SINGERS.  THEN, AFTER AL PRODUCED AN ALBUM ON THEM, WE WOULD PLAY THEIR RECORDINGS ON THE 'NEW ARTIST' SLOT ON OUR RADIO STATION CLOCK.  IT CERTAINLY WORKED OUT WELL FOR THE SINGERS, THE LISTENERS, AND FOR US.  WE SURE TURNED UP SOME GREAT TALENT.  I KNOW AT LEAST ONE OF THEM, KEN LATTIMORE, HAD AL TO PRODUCE, AND PLAY ALL OF THE MUSIC ON 3 CD ALBUMS, AND HE'S BEEN ENTERTAINING IN ONE OF THE THEATERS IN BRANSON FOR SOME TIME NOW.

OF COURSE WE DIDN'T NEED MANY MUSICIANS IN OUR BAND AT THE HAYRIDE BECAUSE I PLAYED THE DRUMS AND BASS AT THE SAME TIME AND AL PLAYED THE GUITAR AND STEEL GUITAR, PLUS ALL OF THE OTHER INSTRUMENTS ON THE STEEL GUITORCHESTRA, LIKE THE PIANO, FIDDLES, BANJO, VIBES, SAX, TRUMPET AND STRINGS.  PEOPLE WOULD COME TO THE HAYRIDE TO SEE US DO IT, BECAUSE - ON THE RADIO - IT SOUNDED LIKE A 10 PIECE BAND.  WELL, I'VE BEEN UP HERE A LONG TIME FOR MY FRIEND.

SMITH: "YES, AND YOU'VE REALLY BEEN HELPFUL.  BEFORE YOU GET OFF THE STAND, IS THERE ANYTHING MORE YOU WANT TO SAY TO THE COURT ABOUT MY CLIENT?"

COLDIRON: "YES, YOUR HONOR, I HOPE THAT I HAVE PROVED TO THE COURT THAT I DO REALLY KNOW AL PETTY.  I'VE TOLD YOU A LOT OF PERSONAL THINGS ABOUT AL PETTY, BUT I DON'T THINK HE MINDS BECAUSE HIS LIFE IS AT STAKE THIS VERY MOMENT.  I'M SURE YOU NOTICED ONE THING ABOUT AL ALL THROUGH MY TESTIMONY.  IT'S THAT EVERYTHING HE DOES, HE GIVES IT ALL HE'S GOT.  AND ALMOST EVERYTIME, HE'S ABLE TO DO ANYTHING HE DOES BETTER THAN ANYONE HAS EVER DONE IT.  I'LL ADMIT THAT I KNEW WHEN HE STARTED MARKETING THAT HE NOT ONLY WOULD MAKE A LOT OF MONEY FOR HIMSELF, BUT THAT HE WOULD ALSO HELP A LOT OF PEOPLE.  THAT'S WHAT HE'S ALWAYS DONE FOR THE 30 YEARS I'VE KNOWN HIM.  AND, AS FAR AS I KNOW, TELECOM2000 IS THE ONLY THING I'VE KNOWN HIM TO DO OUTSIDE OF MUSIC OR MINISTERING.  I ALWAYS KNEW THAT IF HE HELPED TOO MANY PEOPLE AND MADE TOO MUCH MONEY THAT - EVEN THOUGH I KNEW HOW STRICT HE HAD ALWAYS BEEN ABOUT OBEYING THE LAW - I KNEW THAT THE WAY HE ALWAYS GOES ABOUT EVERYTHING USUALLY TAKES SO MUCH MORE WORK THAN ANYONE ELSE WILL DO, AND THAT IT IS USUALLY SO COMPLICATED - AND, THIS IS A BIG ONE - BUT AS I SAID AT FIRST, AL PETTY IS THE MOST MISUNDERSTOOD PERSON I'VE EVER KNOWN - THAT MANY PEOPLE - AND EVEN THE GOVERNMENT - WOULD NOT BE ABLE TO UNDERSTAND WHAT HE WAS DOING - AND THEY ALSO WOULD NOT UNDERSTAND HIS REASONS FOR DOING IT, OR WHY HE WAS DOING IT.  SO, IN MY MIND, EVEN THOUGH I KNEW HE WOULD NOT HURT ANYONE, OR DO ANYTHING ILLEGAL, I ADMIT THAT, ESPECIALLY AFTER HE STARTED TAKING IN OVER A MILLION DOLLARS A WEEK - THAT I WAS AFRAID THAT SOMEBODY, LIKE THE PHONE COMPANIES, OR BANKS WOULD CAUSE THE GOVERNMENT OR THE FBI TO COME DOWN ON HIM.  AND I ALSO KNEW HIM WELL ENOUGH TO KNOW THAT THEY WOULD NEVER FIGURE OUT HOW HE WAS DOING SO MUCH GOOD - AND THAT THEY WOULD TRY TO STOP HIM AND TELECOM2000.  BUT I NEVER DREAMED THAT ANYONE WOULD CONSIDER AL PETTY TO BE A CRIMINAL!  THAT'S JUST TOO FAR OUT.  EVER SINCE I'VE KNOWN HIM, HE'S ALWAYS DONE REAL WELL, BUT HE SURE HASN'T HURT OR DECEIVED ANYONE THAT I KNOW OF.  BUT THERE HAVE ALWAYS BEEN PERSONS WHO DIDN'T UNDERSTAND HIM, RESENTED - NO, EVEN HATED HIM - WHO HAVE BEEN JEALOUS OF HIS ACCOMPLISHMENTS AND TRIED TO HURT - OR EVEN KILL - HIM.

AND, I'M SORRY IF I'M WRONG, BUT THAT'S THE WAY THIS CASE LOOKS TO ME.  INSPITE OF THE FACT THAT ALL OF THE PEOPLE IN TELECOM2000 LOVE AND APPRECIATE HIM, IT SEEMS THE GOVERNMENT REALLY WANTS TO PUT HIM AWAY FOR THE REST OF HIS LIFE.  I COULD UNDERSTAND THAT - IF SOMEONE ACCUSED HIM OF HURTING THEM, OR DECEIVING THEM - BUT WHEN NOT ONE OF 3,000 PERSONS SAY HE DEFRAUDED THEM - WHEN, IN FACT, THEY SAY THAT THE GOVERNMENT VICTIMIZED THEM AND THEN BLAMED IT ON AL PETTY, THAT I JUST BEG YOU, YOUR HONOR, TO LET AL PETTY OUT OF PRISON JUST AS QUICK AS YOU CAN, BECAUSE, IF I KNOW AL PETTY - IF HE HAS TO GO TO PRISON, AS SOON AS HE HAS DONE HIS TIME, THE LAST THING HE'S GOING TO DO IS HURT ANYONE.  TO THE CONTRARY, I CAN'T SEE HIM DOING ANYTHING BUT WHAT HE'S ALWAYS DONE - THAT IS, HELPING EVERYONE THAT HE'S ASSOCIATED WITH.  AND PLEASE, YOUR HONOR, AL PETTY IS NOT GOING TO RUN OFF ANYWHERE, SO PLEASE, AFTER YOU SENTENCE HIM, LET HIM STAY FREE SO HE CAN WORK ON HIS APPEAL.  IF HE GETS TO WORK ON IT, I THINK JUSTICE WILL BE DONE, AND THAT MY FRIEND, AND MENTOR, AL PETTY WILL NEVER HAVE TO GO TO PRISON.

THANK YOU, YOUR HONOR, FOR THIS OPPORTUNITY TO TESTIFY FOR AL PETTY, AND THANK YOU ALSO, MR. SMITH."

SMITH: "AND THANK YOU, MR. COLDIRON.  UNLESS THE PROSECUTION HAS ANY QUESTIONS, I'M READY TO EXCUSE THE WITNESS."

KENNER: "NO, YOUR HONOR AND MR. SMITH, I HAVE NO QUESTIONS, AND I'LL BE MORE THAN GLAD TO EXCUSE THIS WITNESS."

HANNAH: "O.K. MR. COLDIRON, YOU HAVE BEEN HELPFUL.  YOU MAY STEP DOWN AND BE EXCUSED."


Home

Index of Topics